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HomeMy WebLinkAboutPD 99-25; CRC Project One, LP; 2000-0259151; Easement# . *’ . . ; . . 4543 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the w District (Gov. Code [6103].) DOC # 2000-0259151 PIen’ 189 2000 11:36 fwi OFFICIAL RECORDS S#J DIEGO CIMY RECORDER’S OFFICE GREGORY EITH, crlly~REalRDER oci ‘WI llll~llll~ll~lllrrlYY 2000-0259151 1 Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No.: 212-I 30-42 Project No. & Name: PD 99-25 CARLSBAD RESEARCH CENTER, LOT 100 OF CT 85-24 UNIT NO. 5 PR Cm-44 CARLSBAD MUNICIPAL WATER DISTRICT P 6 p/e WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT - CRC Project One L.P., a California limited partnership, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from 1 08/l 7198 Rev. .I l ’ I . . 4544 natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, albrms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. 5% Executed by the Grantor this day of 46 1 2000. GRANTOR: CRC PROJECT ONE L.P., A CALIFORNIA LIMITED P&3d%ERSHIP &q#%of grantor) By: (sign here) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: 7, Deputy General Counsel crvldk Mtiba? 08/I 7198 Rev. . 1’ 4545 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of sm%q On 4lslm before me, L.72 .Rt’ckn-yd* l&--by P&kc , (DATE’ =G-@y (2 . -4iw--- (NOTARY) personally appeared SIGNER(S) @ personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person@ whose name@ is/are subscribed to the within instrument and acknowledged to me that he/&&they executed the same in his-r authorized capacity(i-e& and that by his/Mr signatures@+ on the instrument the person& or the entity upon behalf of which the personQ$adted, executed the instrument. WITNESS my hand and official seal. NOTARY’S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITYCLAIMEDBYSIGNER(PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT cl INDIVIDUAL cl CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE61 0 PARTNER(S) cl ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT 0 OTHER: OTHER E SIGNER IS REPRESENTING: RIGHT THUMBPRINT z NAME OF PERSON(S) OR ENTITYCIES) OF B 5 SIGNER 5 B AF’A 5199 VALLEY-SIERRA, 800-362-3369 L’ ,T : . __ -a . 4546 February 1,200O SDE 4569 EXHIBIT “A” LEGAL DESCRIPTION WATER LINE EASEMENT THAT PORTION OF LOT 100 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 (CARLSBAD RESEARCH CENTER), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16,199l DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 100, THENCE ALONG THE EASTERLY LINE THEREOF SOUTH lO”39’48” EAST, 33.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH lO”39’48” EAST, 21.53 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 78”55’20” WEST, 4.78 FEET; THENCE SOUTH 1 l”O4’40” WEST, 4.26 FEET; THENCE NORTH 78”55’20” WEST, 20.00 FEET; THENCE NORTH ll”O4’4O” EAST, 24.26 FEET; THENCE SOUTH 78”55’20” EAST, 16.81 FEET TO THE TRUE POINT OF BEGINNING. File: ldata\engineering\4569-lot99\water\legal.wpd EXHIBIT “B” WATER EASEMENT PLAT 4547 N89’59’57”W - SCALE l-=80 LOT loo MAP 12815 I DATA LINE TABLE I LINE LENGTH BEARING Ll 21.53' S10'39'48"E L2 4.78' N78'55'20"W L3 4.26' s11*04'40"w L4 20.00' N78'55'20"W L5 24.26' N11'04'40"E L6 1 16.81' 1 S78'55'20 NOTES: ir E .l @ LOT LINE PER MAP NO. 2815 Q BOUNDARY LINE PER CflY OF CARLSBAD BOUNDARY ADJUSTMENT PLAT N0.474, CERTIFICATE OF COMPLIANCE RECORDED FEB. 18, 1997 AS DOC. N0.1997-0070793. 42 I 440740mi&mf?&urlE 105 Piiote c;eo> 753-5525 I lk\ 1 DATA\analnaan’no\4569 loi99\WATFR\WlRPLAT 1 flO.dwa. Date! 02-24-00 I oIvlLENaEERm*- LANDsmvEYNQ \ tZ\ &) T E, \ 1 I -. ’ -._ ’ ‘* . 1 454@ d CONSENT RESOLUTION OF BOARD OF DIRECTORS IN LIEU OF MEETING OF BOARD OF DIRECTORS OF HAMANN CONSOLIDATED, INC. Pursuant to the California Corporations Code and the Bylaws of HAMANN CONSOLIDATED, INC., a California corporation (‘Corporation”), the undersigned, consituting all of the members of the Board of Directors of the Corporation, pursuant to this Consent Resolution do hereby adopt the following resolutions: WHEREAS, the Corporation is the sole general partner of CRC Project One L.P., a California limited partnership (referred to as the ‘Partnership?; WHEREAS, the Partnership will grant to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water t o 1911, and a Subsidiary District of the City of Carlsbad, its successors and assigns, a Grant Deed of Water Line Easement and which is described in Exhibit A (referred to as the Property). RESOLVED: that Jeffrey C. Hamann, as President of the Corporation, is authorized and empowered, in the name and on behalf of the Corporation and Partnership to execute any and all documents and instruments that may be necessary or desirable to be executed by the Corporation concerning or relating to the Partnership, the Property, the Grant Deed of Water Line Easement and any such documents or instruments shall be effective upon execution; and. RESOLVED FURTHER: Jeffrey C. Hamann, as President of the Corporation, is authorized and empowered to do or cause to be done all such acts or things and to sign and deliver, or cause to be signed and delivered, all such documents and instruments required or permitted to be given or made under the terms of the Grant Deed of Water Line Easement or any other document required thereof, in the name and on behalf of the Corporation and Partnership or otherwise, as he may deem necessary, advisable, or appropriate to carry out the purposes and intent of the foregoing resolution and to perform the obligations of the Corporation under the agreements, documents,, and instruments described in the foregoing resolution, and that all actions taken and things done by him pursuant to the foregoing authorizations are in all respects approved, ratified and confirmed. RESOLVED FURTHER: that this Consent Resolution shall be filed in the minutes of the proceedings of the Board of Directors of the Corporation. There being no further business of the Corporation to be considered at the present time, the undersigned have adopted and agreed to the matters set forth in this Consent Resolution to be effective as of April 10,200O. Sy\C:WnmKd’docs\CONSENT RESOLUTION OF BOARD OF . . CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated April 5, 2000 , from CRC PROJECT ONE , to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: MAY 15, 2000 ice Breitenfeld eputy City Clerk